Key defamation changes to come into effect
The majority of the measures contained in the recently enacted legislation on defamation are to come into effect from 1 March.
The Defamation (Amendment) Act 2026 includes a plan to abolish juries in High Court defamation cases.
Minister for Justice, Home Affairs and Migration Jim O’Callaghan has today (26 February) signed a commencement order bringing most of the key measures into effect.
SLAPPS bill
The provisions that will apply from 1 March are:
- Reform of the role of juries in High Court defamation cases,
- Statutory jurisdiction for the Circuit Court to make orders requiring identification of anonymous posters of defamatory material,
- Amending and simplifying the defence of fair publication in the public interest,
- New statutory defences for ‘retail defamation’ cases and for live broadcasting,
- A ‘serious harm’ test for bodies corporate, and
- Encouraging alternative dispute resolution – including a revised ‘offer of amends’ procedure.
The Department of Justice says that the minister will commence part 7 of the act, which contains provisions in relation to abusive proceedings against public participation (SLAPPs), to align with the provisions of the Strategic Lawsuits Against Public Participation Bill.
This bill will provide for safeguards against SLAPPs in respect of all other civil and commercial proceedings outside of defamation proceedings. It will also complete transposition of the EU Anti-SLAPP Directive.